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Administrative Draft Environmental Impact Report Gill Medical Center Project 4.6.2.2 State and Local Regulations California Endangered Species Act The California ESA (California Fish and Game Code §§ 2050-2116) protects species of fish, wildlife, and plants listed by the State as endangered or threatened. Species identified as candidates for listing may also receive protection. Section 2080 of the California ESA prohibits the taking, possession, purchase, sale, and import or export of endangered, threatened, or candidate species, unless otherwise authorized by permit. Take is defined in Section 86 of the California Fish and Game Code as "hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill." The California ESA allows for take incidental to otherwise lawful projects under permits issued by CDFW. Fully Protected Species The State of California first began to designate species as "fully protected" prior to the creation of the federal and California ESAs. Lists of fully protected species were initially developed to provide protection to those animals that were rare or faced possible extinction and included fish, amphibians and reptiles, birds, and mammals. Most fully protected species have since been listed as threatened or endangered under the federal and/or California ESAs. Fully protected species are identified in the California Fish and Game Code §4700 for mammals, § 3511 for birds, § 5050 for reptiles and amphibians, and § 5515 for fish. These sections of the California Fish and Game Code provide that fully protected species may not be taken or possessed at any time, including prohibition of CDFW from issuing incidental take permits for fully protected species under the California ESA. CDFW will issue licenses or permits for take of these species for necessary scientific research or live capture and relocation pursuant to the permit and may allow incidental take for lawful activities carried out under an approved Natural Community Conservation Plan within which such species are covered. Native Plant Protection Act The NPPA of 1977 (California Fish and Game Code §§ 1900-1913) was established with the intent to "preserve, protect and enhance rare and endangered plants in this state." The NPPA is administered by CDFW.The Fish and Game Commission has the authority to designate native plants as "endangered" or "rare."The NPPA prohibits the take of plants listed under the NPPA, but the NPPA contains a number of exemptions to this prohibition that have not been clarified by regulation orjudicial rule. In 1984, the California ESA brought under its protection all plants previously listed as endangered under the NPPA. Plants listed as rare under the NPPA are not protected under the California ESA but are still protected under the provisions of the NPPA.The Fish and Game Commission no longer lists plants under the NPPA, referring all listings to the California ESA. California Fish and Game Code Special Protections for Birds In addition to protections contained within the California ESA and California Fish and Game Code § 3511 described above, the California Fish and Game Code includes a number of sections that specifically protect certain birds. Biological Resources 4.6-27 October 2021